New York law could allow therapist sex assaults to go unreported?

Note from Psych Rape Reporter: Anyone who files a complaint of sexual abuse/assault with a medical or other health care licensing board in any state should also forward a copy to Citizens Commission on Human Rights, 6616 Sunset Blvd. Los Angeles, CA 90028, Attn: Public Advocacy Secretary. They will review the complaint and, if it contains criminal acts, will be forwarded to the appropriate police department and/or district attorney. However, patients who have been sexually assaulted by their therapist should also file a report directly with the local police and, in the case of sexual intercourse, should go immediately to the nearest hospital for a rape exam (“rape kit”) and should retain any articles of clothing which might have the offender’s biological fluid on them. It’s evidence.

The state authority charged with overseeing licensed psychotherapists in New York is not required to forward complaints of statutory rape to law enforcement, the News 4 I-Team has learned.

A Long Island woman who accused her psychotherapist of rape last year believes that could leave rapists free to prey on patients.

“The agencies that were put in place to help me, failed me, heinously,” Denise Weisbrod told the I-Team.

Under New York law it is third-degree, or statutory, rape when a mental health provider engages in a sexual relationship with a patient undergoing therapy, regardless of age.

“The patient is unable to consent and that’s what the criminal statute here in New York recognizes,” said Weisbrod’s lawyer, Audrey Bedolis. “Consent isn’t there because emotions have been manipulated by the therapist.”

In Nassau County recently, psychiatrist Marshall Hubsher was accused of manipulating a patient into having sex with him in his office. Hubsher has pleaded not guilty to charges of sexual misconduct and statutory rape.

“I was infuriated because it mirrored my case, almost exactly,” said Weisbrod.

One difference: Hubsher is a psychiatrist – a medical doctor whose license to practice is overseen by the state Office of Professional Medical Conduct (OPMC), a division of the Health Department.

Weisbrod’s counselor was not a doctor, but a state-licensed clinical social worker or psychotherapist whose license was overseen by the state Office of Professional Discipline (OPD), a division of the Education Department.

According to state law, OPMC is required to report to law enforcement any cases where a psychiatrist is in a sexual relationship with a patient undergoing therapy.

OPD has no such requirement for psychotherapists or licensed clinical social workers.

“I don’t think there’s a person out there that’s not going to be outraged by that,” said Kathleen Rice, Nassau County district attorney. “Whether you look at a psychiatrist or a psychotherapist, they’re in that very intimate relationship where someone is very vulnerable and coming to them for help.”

Rice’s office is prosecuting the case against Hubsher.

In neighboring Suffolk County, Weisbrod’s counselor, Scott Burzon, was not charged with the crime. He committed suicide in March 2012, according to sources.

Burzon had both a private practice and was an administrator of the Brentwood Mental Health Clinic – a facility run by Suffolk County Department of Health Services.

“I went to Scott Burzon because I was raped when I was younger and I realized I needed to deal with those issues,” said Weisbrod.

Over four years, Weisbrod said she revealed painful details about once being date-raped and told Burzon she had issues trusting men.

As part of her therapy, Burzon suggested the two have sex in his office as a way to help her trust men again, Weisbrod said.

“I would do anything at that point that I could to get better,” said Weisbrod. “I wanted to get better so I believed him because everything he said for four years seemed to be trustworthy, that he was going to help me.”

While it all seemed consensual, it was illegal.

According to Weisbrod, she was on the verge of a breakdown and confided in a friend who was a registered nurse. She also began seeing a new therapist, and Weisbrod said she was quickly convinced to file a complaint against Burzon. She reported him to OPD in August 2011.

She said she first heard nothing from a state investigator. She called the office again in October and asked about the case and was told another person had also come forward with similar accusations.

“He was called in to be interviewed and admitted to both cases,” said Weisbrod.

An OPD spokesman did not dispute Weisbrod’s story, but explained that confidentiality laws prevent the agency from releasing any details.

Rice believes the confidentiality rules at OPD are the heart of the issue.

“You have to have better communication between law enforcement and the medical community so we can root out the bad people,” she said.

She believes it should be mandatory for OPD to report any and all complaints of therapists having sex with patients — similar to OPMC’s mandate for psychiatrists.

For seven months following Weisbrod’s complaint, Burzon still had his license and could see clients.

Ultimately, Weisbrod did complain directly to the Suffolk County District Attorney’s office. In a statement to the I-team, a representative from the DA’s office said they declined to prosecute due to a lack of evidence.

In March 2012, Burzon was found dead in a hotel room near MacArthur Airport.

Weisbrod has filed a lawsuit against the estate of Burzon, who was married. His wife did not return calls, nor did the Suffolk County Department of Health Services.

Source: Chris Glorioso and Tom Burke, “I-Team: State Law Could Allow Therapist Sex Assaults to Go Unreported, NBC-4 New York, May 17, 2012.

Sydney psychiatrist Neil Schultz loses license for sex ‘n drugs with 25-year-old patient

A NSW psychiatrist slept with a 25-year-old patient, wrote her scripts for powerful drugs without consultation, paid her $20,000, took ecstasy with her and did not end the relationship because he thought she would get “extremely angry,” the state Medical Tribunal has heard.

The tribunal ordered that Neil Schultz – who has been reprimanded for misconduct before – be deregistered for 18 months.

It found him guilty of professional misconduct, failing to protect patient confidentiality, having an inappropriate personal relationship with a patient and failing to observe professional boundaries.
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A complaint received by the Health Care Complaints Commission last year said Schultz, whose practice was in Richmond, began treating the patient in March 2008, diagnosing her with attention deficit disorder and borderline personality disorder.

Between March 2008 and November 2009, Schultz prescribed dexamphetamine to the patient, the complaint stated, despite knowing she had a history of drug abuse.

Once he stopped consulting her in January 2009, he continued to write her prescriptions for antipsychotic drugs and narcotics.

Schultz told the tribunal it was not unusual for him to do so for friends and co-workers.

In September 2009, two consultant psychiatrists told the Medical Board that Schultz “has admitted to both of us, separately, that he was involved in a physical relationship with a female patient.

“We believe our colleague has been depressed and we are concerned for his safety.”

Schultz told the tribunal that in December 2008 he employed the patient for “a few hours a week” to do admin work, paying her a total of $20,000. He also bought her a car.

According to Schultz’s evidence, on one occasion the patient came to his office, gave him ecstasy and the pair then had sex.

The Health Care Complaints Commission sought expert opinion from a consultant psychiatrist and psychogeriatrician, Janine Stevenson, who stated that Schultz did nothing to stop the relationship progressing by “letting her spend time in the practice, by letting her work in the practice (which I find to be grossly unprofessional given the necessity of confidentiality of the other patients in the practice), by giving her food, money and gifts and by seeking out her advice and support for his own problems”.

Dr Stevenson said that, despite knowing people with borderline personality disorder had problems with boundaries, Schultz invited her to be part of his own family.

The tribunal stated it was “comfortably satisfied that the respondent’s [Schultz's] conduct was deliberate”.

They accepted Schultz felt “desperately ashamed” of his actions, but ordered his deregistration and to pay the commission’s costs in the proceedings.

It was not the first time Schultz had been investigated. In 2002, an inquiry by the Professional Standards Committee found that as a trainee physician, Schultz, who was married, began a relationship with a patient who was also married.

The pair divorced their respective spouses and married in 2000.

He was reprimanded and ordered to participate in a peer review program.

Source: Melissa Davey, “Psychiatrist struck off for sex and drugs with patient,” Sydney Morning Herald, May 7,

Patient accuses New York psychiatrist of rape during treatment

A 62-year-old Long Island psychiatrist was arrested after one of his patients accused him of raping her during one of their sessions, Nassau County Police said.

Detectives from the NCPD Special Victims Squad arrested Dr. Marshall Hubsher, who lives in ritzy Sands Point, on Wednesday, charging him with third-degree rape and third-degree criminal sexual act, officials said.

The 32-year-old woman, whose name was not released, said Hubsher raped her at his office on Northern Blvd. in Flower Hill around 8 p.m. on April 3, NCPD said.

Hubsher pleaded not guilty at his arraignment Thursday.

His bail was set at $50,000, according to a Nassau County DA spokesman. An order of protection was issued prohibiting Hubsher from contacting the victim.

He is due back in court on April 24.

Source: Sarah Armaghan, “Patient accuses Long Island psychiatrist Marshall Hubsher of raping her during session,” New York Daily News, April 20, 2012.

State suspends psychologist Janet Asay over sex with patient

On January 9, 2012, the Delaware Board of Examiners of Psychologists suspended the license of Janet Asay, Ph.D. for two years. According to the Board’s Consent Agreement, Asay self-reported to the Board that she engaged in a romantic and sexual relationship with a former client within two years of the termination of his therapy, in violation of the state laws governing the conduct of psychologists. When she resumes practice, Asay will be subject to the monitoring of her practice for two years.

Source: Consent Agreement in re: Janet Asay, License No. B1-0000368, Case No. 26-05-09, before the Delaware Board of Examiners of Psychologists.  

Psychiatrist John David Wood surrenders license; engaged in sex with patient

On November 22, 2011, psychiatrist David John Wood surrendered his license to the Virginia Board of Medicine. According to the Board’s Consent Order, Wood engaged in sexual contact with a patient. The document states that the patient was the mother of two of Wood’s other patients, who were both minors. Additionally, it states that Wood prescribed the antipsychotic drug Risperdal to one of the minors for nearly five years without properly recording or documenting an assessment or the patient or justification for the prescription in the patient’s medical record. Further, it states that Wood, who had obtained information that one of the minors had been physically and mentally abused by his father, failed to report to the proper authorities. Lastly, it states that he failed to keep timely, accurate, legible and complete patient records.

Source: Consent Order in re: David John Wood, M.D., License No. 0101-038559, Before the Board of Medicine.   

Psychologist suspended for sex with patient now working as high school teacher

Dover, Del. — Dover psychologist Dr. Janet Asay has been teaching science at Campus Community High Schoolsince the beginning of the 2011-2012 school year, when an investigation into alleged, professional misconduct was well under way, the Dover Post has learned.

That investigation by the Delaware Department of State Division of Professional Regulation culminated in Asay entering into a consent agreement with the Delaware Board of Examiners of Psychologists in December in which she admitted to having sex with an adult patient who was still within the two-year window that forbids intimacy between a patient and counselor.

The state Board of Examiners of Psychologists approved the consent agreement at its Jan. 9 meeting, according to minutes from that meeting.

“Respondent [Asay] self-reported to the Board that she engaged in a romantic and sexual relationship with a former therapy adult client within two years of the termination of his therapy in violation of 24 Del. C. subsection 3514 (a)(5),” according to the consent agreement.

The Dover Post reviewed the consent agreement signed by Asay on Nov. 21, 2011 and Deputy Attorney General Barbara J. Gadbois on Dec. 2, 2011. Delaware Department of State spokesman Christopher Portante confirmed that Asay agreed to the state suspension that prohibits her from practicing psychology for two years.

In addition, Asay has been in therapy with Newark-based Dr. Priscilla Putnam, according to the consent agreement.

Asay’s state license was issued in 1994. She has been affiliated with Perspectives Counseling in Dover.

Asay did not return calls seeking coment, but did email the Dover Post saying her attorney was out of town through Wednesday.

The Department of State and the Office of the Attorney General declined to comment further on Asay’s suspension.

The Delaware Department of Education determines whether to approve or deny teaching licenses according to the requirements and the provisions of State statute and regulations, Delaware Department of Justice spokesman Jason Miller said.

“As legal counsel to the Department of Education and the Professional Standards Board, the Department of Justice cannot comment on this pending matter,” he said.

Campus Community School’s charter was granted by the Delaware Department of Education, which has authorized most charter schools in the state. Secretary of Education Dr. Lillian Lowery was out of town and unavailable for comment, DOE spokeswoman Alison Kepner said Monday.

Asay has a pending, initial license and pending emergency teaching certificate for biology, Kepner said, citing state records.

When asked if Asay’s suspension would affect her temporary certification, Kepner referred the Dover Post to Delaware Code. The code states, in part, that the secretary of education may suspend, revoke or limit a license if a person has “a license or certificate suspended, revoked, or voluntarily surrendered in another jurisdiction for cause which would be grounds for suspension or revocation…”

Kepner referred further questions to Campus Community School.

Campus Community School Board President Marc Coté said school officials were aware of the situation with Dr. Asay and had looked into the matter.

“We believe that the incident has been dealt with by the Board of Examiners of Psychologists fairly,” Coté said. “We do not think that our students are at risk in any way as a result of the incident that occurred with her former patient.”

Source: Antonio Prado, “Special Report: Suspended psychologist teaching at Campus Community High School,” Dover Post, March 14, 2012.

Judge extends restraining order to wife of psychiatrist charged with raping her

A District Court judge ordered a Marblehead (Massachusetts) psychiatrist charged by town police with raping and assaulting his wife on Feb. 22 to stay away from her through September.

Attorneys for Christopher Palacios, 36, and his wife agreed to extend a restraining order the woman sought and was granted on Feb. 22 from March 7 to Sept. 7. Judge Stacey Fortes White granted the request.

“My client is relieved the order is extended for her safety and the safety of her children,” Jorel Booker, Palacios’ wife’s Raymond, N.H.-based attorney, said Wednesday.

In addition to ordering Palacios not to harm his wife, the order bars him from contact with her, including coming within 50 yards of her. A copy of the order filed in District Court also asks the court to keep Palacios from going to the Marblehead school attended by the couple’s 10-year-old son and daughter.

“The defendant is mentally unstable and a danger to myself and the children,” she wrote in the complaint for protection from abuse she filed.

Marblehead Police Lt. Sean Sweeney filed a report in court outlining Palacios’ wife’s account of how Palacios assaulted her and yelled expletives at her on Feb. 21 following an argument over Red Sox tickets she purchased.

On Feb. 22, according to the report, she said Palacios hit her on the side of her face and “smashed her head on the floor” before pulling down her pants and sexually assaulting her. Sweeney stated in the report that he photographed bruises on the woman’s lip, leg and arm that she said were inflicted by Palacios.

Palacios wife stated Palacios “has severe mood swings” and is “obsessed” with “MMA (Mixed Martial Arts) fighting,” according to a report filed by Marblehead Officer David Ostrovitz.

Ostrovitz quoted Palacios’ wife as stating in the report that her husband was previously overweight and works out five hours a day with his home garage “dedicated as a workout facility.”

Palacios pleaded innocent to the rape and domestic assault and battery charge on Feb. 23 and was ordered held for a public dangerousness hearing on Feb. 24. He was released on that date but ordered, according to court paperwork, to not contact his wife, not to possess firearms, report weekly to probation, “not to consume excessive alcohol, prescription drugs,” maintain his employment, post $5,000 bail and abide by the restraining order.

Judge Albert Conlon on Wednesday ordered Palacios to return to court for a probable cause hearing on the criminal charges on April 4.

“He denies all the allegations,” Palacios’ attorney, Marc Salinas of Salem, said Wednesday.

Sweeney, in a supplemental report filed in court, stated that Palacios called the allegations brought against him by his wife “a complete fabrication.”

“None of it ever happened,” Sweeney wrote, quoting Palacios.

He added in the report that Palacios claimed his wife had assaulted him in the past.

Palacios’ wife stated in the restraining order complaint that Palacios “has a long history of anger issues and has physically and emotionally abused me for years.”

“His out-of-control erratic behavior has increased and become more frequent (almost on a daily basis) since January 2012,” she wrote in the complaint.

Salinas and Booker confirmed on Wednesday that Palacios’ wife filed a divorce complaint in Essex Probate Court.

Source: Thor Jourgenson, “Judge extends wife’s restraining order on Marblehead psychiatrist,” Daily Item, March 8, 2012.